BAIKUNTHA BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. M. Haloi, learned counsel for the petitioner. And also heard Mr. D. Upamanyu, learned Standing Counsel, Health Department, for respondent Nos. 1, 2 and 3, and Mr. K. N. Choudhury, learned Senior Counsel assisted by Ms. R. Kakati, learned counsel, for respondent No. 4.

(2.) Challenge made in this writ petition is to the notification dtd. 11/11/2024 issued by the Commissioner and Secretary to the Government of Assam, Medical Education and Research Department, by which, Dr. Manoj Kumar Deka, Reader and HOD, S.J.N Homoeopathic Medical College and Hospital, Guwahati (respondent No.4 herein) has been allowed to work as Vice-Principal of the said College in addition to the works already assigned to him.

(3.) Briefly put, the petitioner is serving as Professor and HOD, Department of Organon of Medicine in S.J.N. Homeopathic Medical College and Hospital, Guwahati. Erstwhile Dr. J. K. Saikia Homeopathic Medical College and Hospital, on being amalgamated with the Swahid Jadav Nath College, the college is now known as S.J.N. Homeopathic Medical College and Hospital, Guwahati. The petitioner claims to be the senior most Professor of the said college. The petitioner was initially appointed as a Demonstrator in S.J.N. Homeopathic Medical College and Hospital, Guwahati by order dtd. 12/5/1995. On the recommendation of the Assam Public Service Commission, the service of the petitioner as a Demonstrator was regularised vide order dtd. 26/9/2000. Thereafter, the petitioner was promoted to the post of Lecturer and regularised by order dtd. 8/7/2009 and then to the post of Reader on 6/5/2010. Vide notification bea-ring No. MER.237232/562 dt. 25/1/2023, the petitioner along with four others were promoted to the post of Professor in their respective departments and since then, the petitioner has been servng as Professor in the Department of Organon of Medicine.